Loeb v. American Central Insurance
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. G. D. Burgess, Judge. (1) The provisions of the policies, sued on in this, case in respect of immediate notice in Writing to the defendant of loss, and also of the rendition of proofs of snch loss and the time within which they were to be rendered, constituted warranties, conditions precedent, within the meaning of the law, applicable to such contracts.
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Appeal from Linn Circuit Court. — Hon. G. D. Burgess, Judge. (1) The provisions of the policies, sued on in this, case in respect of immediate notice in Writing to the defendant of loss, and also of the rendition of proofs of snch loss and the time within which they were to be rendered, constituted warranties, conditions precedent, within the meaning of the law, applicable to such contracts. And the legal effect of the breach of such warranties, or conditions precedent, was an absolute extinguishment of all right to assert any claim upon defendant for loss occurring to the property described…
1Opinion of the CourtBiiAOK, J.
This suit is based upon two policies of insurance issued by the defendant to plaintiffs, who are partners in a mercantile business at Salisbury, in this state. One policy is in the sum of twenty-eight hundred dollars, upon a stock of merchandise, and the other in the sum of three hundred dollars, upon two one-story frame buildings. There was a verdict and judgment for plaintiffs upon both policies.
The policies are alike, and it is stated on the face of each that the damage by fire is to be paid in sixty .days after the loss shall have been ascertained, in accordance with the conditions of the…
2Cases cited3 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
- Stimpson v. Monmouth Mutual Fire InsuranceSupreme Judicial Court of Maine · 1860
3Cited by17 opinions
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Matthews v. Capital Fire InsuranceWisconsin Supreme Court · 1902
- Supreme Lodge, Knights of Pythias v. WilsonCourt of Appeals of Texas · 1918
- Bolan v. Fire Ass'nMissouri Court of Appeals · 1894
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